The Inapplicability of Informed Consent to Medical Criminal Law - The Position of Patients’ Consent in Medical Criminal Law

• Main Authors: JHU,YU-CHEN, 朱育辰
• Other Authors: CHENG, YAT-CHE
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/azwej4

碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === The development of informed consent is to guarantee the right of patients’ self-determination. It is generally accepted by the general public that doctors should obtain patients’ consent by informing the medical treatment. And doctors’ explanation of medical behaviors to patients is also called doctors’ duty of disclosure. With the bad communication between doctors and patients is lead to the increasing of the medical lawsuits. Especially, doctors will be subject to criminal accusation by violating the doctrine of informed consent. However, whether doctors violate the right of patients’ self-determination or not, it doesn’t necessary to commit an intention or negligent crime. In order to establish a correct value, this thesis will based on related academic studies, and recent judgements by the Supreme Court. Furthermore, this thesis will in Chapter II & III to discuss the meaning of medical behaviors and informed consent. Second in Chapter IV & V, this thesis will analyze the position of patients’ consent in medical criminal law and explain the reasons about informed consent isn’t apply for medical criminal law. Last but not least, well doctor-patient relationship and communication is the best way to protect patients’ autonomy, rather than wants to put doctors to the jail.